Dismissed¶21

Maidul Ali v. the State of Assam

Gauhati HC1 Apr 2025AB/150/2025

Case brief

AI extract

What is this about?

Gauhati High Court, AB/150/2025, decided 02.04.2025 by Mrs. Justice Mitali Thakuria. Pre-arrest bail / anticipatory bail under Section 482 BNSS rejected in NDPS matter (Sections 21(b)/29 NDPS Act), Changsari P.S. Case No. 313/2024, Kamrup, Assam. Alleged recovery of 7 grams suspected brown sugar from accused's house; co-accused disclosure; accused absconded during search; custodial interrogation held necessary for investigation; petition by Maidul Ali dismissed.

What did the court decide?

Custodial interrogation of the present accused/petitioner may be required for the interest of investigation. ¶21

Maidul Ali Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

Page No.# 1/3

GAHC010012592025

2025:GAU-AS:3893

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/150/2025

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MAIDUL ALI S/O MD. HANIF ALI R/O SILA,KORAIBARI P.S.CHANGSARI DIST. KAMRUP, ASSAM PIN- 781030 MOB.NO.6900969221

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VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM

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Advocate for the Petitioner : MR A K AHMED, MS P KAKATI

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Advocate for the Respondent : PP, ASSAM,

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Page No.# 2/3

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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

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ORDER

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Date : 02.04.2025

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Heard Mr. A. K. Ahmed, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent.

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This is an application under Section 482 of the BNSS, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Changsari P.S. Case No. 313/2024, under Sections 21(b)/29 of the NDPS Act.

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Case Diary has been received. Perused the same. Heard both sides.

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It is submitted by Mr. Ahmed, learned counsel for the petitioner, that the present petitioner is innocent and nothing has been recovered from his conscious possession. Further he submitted that though as per the allegation 7 grams of suspected brown sugar was recovered from the house of the present accused/petitioner, but the same is weighed along with plastic packets and the weight of the contraband may be less than 7 grams if the plastic containers are removed. Further he submitted that the accused/petitioner is ready and willing to co-operate the I.O. in further investigation of the case if he is granted with the privilege of pre-arrest bail.

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Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard

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Page No.# 3/3

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that from the seizure list and from the materials available in the Case Diary, it is seen that the said contraband was recovered from the possession of the accused/petitioner. During interrogation of the other 2 (two) co-accused persons, it was stated that some quantity of contraband is still available in the house of the present petitioner and accordingly when the police made a search, the contraband was found in the house of the accused/petitioner and during that time, the accused/petitioner fled away from his house and he absconded. Further Mr. Baruah submitted that the present accused/petitioner is a drug peddler and his custodial interrogation will required for the interest of investigation.

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Considering the submissions made by the learned counsels for both sides and also considering the materials available in the Case Diary and the other aspects of the case, I find that custodial interrogation of the present accused/petitioner may be required for the interest of investigation and accordingly, I do not find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioner and hence, the same stands rejected.

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In terms of above, this anticipatory bail application stands disposed of.

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The Case Diary be sent back.

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JUDGE

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Comparing Assistant

Maidul Ali v. the State of Assam

Case brief

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Maidul Ali v. the State of Assam

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